Today in Supreme Court History: February 18, 1988

2/18/1988: Justice Anthony Kennedy takes judicial oath.

Justice Anthony Kennedy

Comments

[not guilty]

Justice Kennedy did some noble things while he was on the Supreme Court, especially in ensuring fairness for people with same sex attraction. But if there is an eternal hell I hope he burns there for Bush v. Gore, 531 U.S. 98 (2000), along with his fellow miscreants Rehnquist, O'Connor, Scalia and Toady.

[JoeFromtheBronx]

I strongly disagree with Bush v. Gore (where four justices dissented, none formally concurring in judgment; three joined Stevens' dissent), partially because the Supreme Court was involved in misguided (note qualifier) judicial activism. Bush likely would have been president either way, but the method counts.

Kennedy (who was a court of appeals judge -- he wrote the Chadha opinion) -- so was a federal judge for a long time, after being a political lobbyist-- was not overly concerned with careful doctrine. He spoke in broad terms, the type of justice that is best known for certain broad principles.

There is a place for that type of person among the mix. And many criticisms of his rhetoric were overblown. Many justices use rhetoric to various degrees. Some flowery language can trigger.

And cleaner doctrinal lines have their limitations. The words of some legal test can be applied in many different ways.

[Bob from Ohio]

One of the worst justices ever.